JUDGMENT : R.N. Biswal, J. - The Petitioners, who are the residents of village Singhagaon and Raulia, under Singhagaon Grama Panchayat have challenged Annexure-1, the letter dated 28.4.2003 issued by the District Panchayat Officer, Kendrapara, (opposite party No. 4) directing the Block Development Officer, Pattamundai (opposite party No. 6) to construct the Singhagaon Grama Panchayat Godown at village-Krushnadaspur. 2. As per the writ petition, Singhagaon Gram Panchayat consists of three mouzas namely, Singhadgaon, Raulia and Krushnadaspur, having voterstrength 1163, 286 and 592 respectively. The Government, in Panchayat Raj Department, have declared mouza Singhagaon as the G.P. headquarters. As per the instruction of the Director, P.R. & Ex-Officio, Addl. Secretary to Government, Panchayat Raj Department (opp. party No. 2) under Annexure-8, the B.D.O. Pattamundai (opp. party No. 6) vide letter No. 958 dated 2.5.2002 instructed the Sarpanchs of all the Gram Panchayats to construct a Godown to store the levy rice in each panchayat and to commence the work from May, 2002. Accordingly, the Sarpanch of Singhagaon G.P.(opp. party No. 7) acquired one plot from Nrusingha Charan Das and Anr. plot contiguous to it, from Nandakishore Das by way of gifts for the purpose of construction of the Godown. Thereafter, opp.party No. 7 issued work order in favour of Shri Brahmananda Mallick for construction of the G.P. Godown at an estimated cost of Rs.1, 14, 000/- in village Singhagaon, on the basis of the Panchayat Resolution dated 25.7.2003. Immediately thereafter, Shri Mallick started constructing the Godown and it has already been constructed up to plinth level. But, in the meantime, the letter under Annexure-1, was issued directing to construct the G.P. Godown in village Krushnadaspur. Hence, the writ petition. 3. In their counter, opp.parties 3, 4 and 6 contended that as per the report dated 19.4.2003 of the Addl. Project Director (Tech) DRDA, Kendrapara, Singhagaon is a flood affected village, being surrounded by Kani and Kanti Nals. There is no communication facility for transportation of food grains to that village during high flood. On the other hand, Krushnadaspur will be suitable for construction of the G.P. Godown, so Annexure-1 was rightly issued. 4. Learned counsel appearing for the Petitioners submitted, that admittedly Singhagaon is the headquarters of Singhagaon G.P. As per the report of the local R.I. under Annexure-3, Singhagaon G.P. consists of village Singhagaon, Raulia and Krushnadaspur, having voter strength 1193, 286 and 592 respectively.
4. Learned counsel appearing for the Petitioners submitted, that admittedly Singhagaon is the headquarters of Singhagaon G.P. As per the report of the local R.I. under Annexure-3, Singhagaon G.P. consists of village Singhagaon, Raulia and Krushnadaspur, having voter strength 1193, 286 and 592 respectively. The Petitioners are the villagers of village Singhagaon and village Roulia. The number of voters of these two villages is 1479, out of the total voters of 2071. In fact, there are no natural barriers to village Singhagaon. Even if it is presumed that there are natural barriers, still then the G.P. Godown should not be constructed in village Krushnadaspur, as the villagers of Singhagaon and Roulia, who constitute the major chunk of the population of Singhagaon G.P., have to go to village Krushnadaspur to fetch the food grains, despite such natural barriers. On the contrary, learned Addl. Govt. Advocate contended that as per the report of the Addl. Project Director (Tech) DRDA, Kendrapara, Krushnadaspur being the most suitable place for construction of the G.P. Godown, the Godown should be constructed there. 5. As found from Annexure-7, it was decided that a Godown should be constructed in each G.P. headquarters. There is nothing to show that in case of natural barrier, the Godown can be constructed somewhere else. Furthermore, there are 1479 of voters in village Singhagaon and Raulia. Construction of the Godown is proposed to be made at village Krushnadaspur, where there are only 592 of voters. Even if there are natural barriers in village Singhagaon, maximum people of the Panchayat have to come to village Krushnadaspur to avail the food grains, if the Godown is constructed there. So for convenience of the maximum people, the Godown should be constructed in village Singhagaon. Moreover, as per writ petition, the Godown has already been constructed up to plinth level in village Singhagaon and there is no specific denial to it. 6. Therefore, under such circumstances, the writ petition is allowed and the letter under Annexure-1 is hereby quashed. The G.P. Godown shall be constructed in village Singhagaon. No costs. Final Result : Allowed